Word: souter
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...Souter argues that under such a definition, lawhas four major characteristics: wide promulgation,the need for explicit interpretation,non-retroactivity, and consistent enforcement.Since morality is not one of these, Souter argues,Holmes belief that legality and morality areseparate is internally consistent on a priorigrounds...
...Souter's first chapter focuses on Holmes'conception of law. Souter says that Holmesbelieves laws are essentially prophecies of howfuture judges will interpret them. According toSouter, Holmes believes laws will serve as "guidesfor individual conduct of such a sort as to keepthe individual free from displeasing action of thecourts as they administer...
From there, Souter shifts gears and looks atHolmes' ethical theories. Souter says that forHolmes, a moral term such as good or bad meant nomore than the "functional efficiency of a law inbringing about a result which the crowd...doesdesire," much as one would use the terms todescribe a physical object such as a knife. Thus amoral law for Holmes, Souter says, is one whichfurthers the interest of a particular individual...
...Souter uses this, too, to show that Holmes'theory is internally consistent. Holmes believes,Souter deduces, that the law must conform to thewants of the strongest in society in order tosucceed. Since in the real world these lucky turnof events for the strongest will not necessarilybe seen by all as favoring everyone's interests,Souter says, morality and legality again need haveno connection in Holmes' view...
...second chapter, Souter turns thespotlight on critics of positivism, and assessesthe natural law doctrine to which they adhere. Byexamining the theory's prominent writings, Souterconcludes that these theorists unknowingly agreewith Holmes on the four basic characteristics oflaw...